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27 September 2019

INTA’s Brands Manifesto, Liverpool trademark blow, fighting scammers: news digest 

In our latest news digest, we look at INTA’s release of a Brands Manifesto, the Paraguay IP Office conducting another counterfeit crackdown, fee changes in New Zealand, and much more.

28 January 2019

Litigation procedures and strategies: Philippines

The special commercial regional trial courts have jurisdiction over civil actions involving IP rights violations with damages claims of any amount. 

23 November 2018

IPOPHL celebrates record haul, Rospatent promotes benefits of GIs, and emoji-tions run high in China: news round-up

In our latest round-up, we look at $7 million worth of counterfeit condoms being seized in China, Canada Goose opening an additional office in Beijing, and much more.

07 November 2018

Compulsory conundrum: debate surrounds mandatory mediation for IP disputes

The introduction of mandatory mediation in Greece has faced criticism which eventually led to its suspension; a move that has left question marks over whether wider adoption of such a model is viable.

27 March 2018

BARCELONA collective mark rejected, battle for Prudential name and Philippines fakes crackdown: news round-up

In our latest round-up, we look at the Philippines government pledging to crackdown on counterfeit goods, a national IP office’s anti-fakes video featuring a naked man atop a tortoise, and much more.

23 March 2018

Enforcement and termination of franchise agreements in the Philippines

We take a close look at the Philippines legislation governing the enforcement and termination of franchise agreements, as part of our series on franchising in Asia and South America.

21 December 2017

Litigation procedures and strategies: Philippines

Any person who believes that he or she would be damaged by the registration of a mark may file an opposition to the trademark application within 30 days of its publication. Opposition proceedings are summary in nature; thus, there is no trial and the parties must submit the necessary evidence to prove their positions.

17 May 2017

Dominancy test determines trademark similarity

A recent Supreme Court decision shows how the Philippines courts must look at elements of the dominancy test to determine trademark similarity. In Seri Somboonsakdikul vs Orlane SA, the Supreme Court ruled that LOLANE was not a colourable imitation of ORLANE due to distinct visual and aural differences that were discerned using the dominancy test.

26 September 2016

Revised rules of procedure for IP cases

The Philippine Intellectual Property Office has issued the IPOPHL Memorandum Circular 16-007 introducing further amendments to the Rules and Regulations on Inter Partes Proceedings, which apply to trademark opposition and cancellation cases, cancellation of patents, utility models and industrial designs and petition for compulsory licensing of patents.

14 September 2016

Supreme Court of the Philippines affirms Madrid Protocol

The Supreme Court of the Philippines has affirmed accession to the Madrid Protocol, following a petition filed by the Intellectual Property Association of the Philippines against the president’s ratification of the treaty.

18 September 2015

Philippines

In the Philippines, the rights to a mark are acquired through registration under the IP Code. Nevertheless, the owner of an unregistered trademark can file an action for unfair competition with reference to the passing off of the goods or business of one party as the goods or business of another with the intention of deceiving the public.

05 June 2015

Too well known for its own good, Apple fails to block MY/PHONE in the Philippines

In a trademark case which has attracted attention in the local media, the IP Office of the Philippines has dismissed an opposition filed by Apple against a Manila company’s attempt to register MY/PHONE. The tenor of press coverage provides yet another example of the challenges faced by a mega-company enforcing its brand against a local ‘David’.

14 May 2015

Multi-agency IP taskforce supports IP rights holders in enforcement activities

The establishment of the National Committee on IP Rights, a multi-agency IP taskforce, is proving very helpful to IP rights holders in conducting enforcement activities. The committee shows how a national IP office can take on the multi-agency problem of IP enforcement and provide a usable solution.

21 March 2014

EAGLE case - the setting of the cement wars?

A series of disputes concerning the EAGLE trademark for cement appears to be coming to an end. The Bureau of Legal Affairs, confirming that registration is only a presumption of ownership, held that the evidence clearly showed that Republic Cement and Lloyds Richfield had coined, appropriated and used the mark on cement products before Eagle Cement adopted and filed applications for the same mark for use on identical goods.

06 February 2014

Supreme Court: registration creates only prima facie presumption of ownership

The Supreme Court has held that German corporation Birkenstock was the true and lawful owner of the mark BIRKENSTOCK, despite the existence of the earlier device mark BIRKENSTOCK. The court held that registration, by itself, is not a mode of acquiring ownership of a trademark - it merely creates a prima facie presumption of ownership.